Patna High CourtCR. MISC./27989/2024bail granted

Sonu Kumar@ Prabhat Kumar @ Rohit v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27989 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- BYPASS District- Patna ====================================================== Sonu Kumar@ Prabhat Kumar @ Rohit SON OF Naresh Prasad VILLMISKAR TOLI SHERSHAH ROAD, WARD NO-53, P. S.-ALAMGANJ, DIST-PATNA.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bypass P.S. Case No. 112 of 2024 instituted for the offences punishable under Sections 414/34 and 120B of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 812.16 liters of illegal IMFL was recovered from two vehilces.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.27989 of 2024(2) dt.10-04-2024 2/2 that petitioner is neither the owner nor the driver of the seized vehicles. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 20.03.2024 and he has one criminal antecedent in which he is on bail. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bypass P.S. Case No. 112 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T